Opinion
Civil Action No. 10-cv-02986-WJM-KLM
06-22-2013
KAREN SCAVETTA, Plaintiff, v. DILLON COMPANIES, INC., d/b/a KING SOOPERS, INC., Defendant.
Judge William J. Martínez
FINAL JUDGMENT
In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
This matter was tried from June 17, 2013 through June 20, 2013 before a jury of eight duly sworn to try the issues herein, the Honorable William J. Martínez, presiding.
On the third day of trial Plaintiff withdrew Claim V - Wrongful Termination in Violation of Public Policy. On the fourth day of trial Plaintiff voluntarily dismissed Claim II - Disparate Treatment And Unlawful Termination.
The jury reached a Verdict:
VERDICT FORM
Question 1: Failure to Provide Reasonable Accommodations under the ADA
Has the plaintiff, Karen Scavetta, proven by a preponderance of the evidence that the defendant failed to reasonably accommodate her under the ADA?
Yes _ No X
Question 3: Retaliation
Has the plaintiff, Karen Scavetta, proven by a preponderance of the evidence that the defendant retaliated against her for engaging in protected activity?
Yes _ No X
Question 5: Punitive Damages
If you answered "Yes" to either Question 1 or Question 3 above, should Plaintiff Karen Scavetta be awarded punitive damages as a result of King Soopers' malice or reckless indifference to her federally protected rights?
Yes _ No X
ACCORDINGLY, IT IS HEREBY ORDERED that Final Judgment is entered for Defendant and against Plaintiff.
IT IS FURTHER ORDERED that Defendant is awarded costs upon the filing of a Bill of Costs with the Clerk of Court within fourteen days' entry of Final Judgment.
Dated at Denver, Colorado this 22nd day of June 2013. APPROVED: _______________
Judge William J. Martínez
United States District Court
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: Edward P. Butler
Edward P. Butler, Deputy Clerk